Gurley Mountain, the proposed site for a rock quarry, rises behind these homes along the railroad tracks in Gurley. (Dave Dieter / Huntsville Times)

HUNTSVILLE, Alabama -- Hoping to stave off bankruptcy while it appeals a $5 million jury verdict, the town of Gurley asked a Madison County court to stay the judgment Wednesday.

The case is nearly 7 years old, and the end is not likely in sight, as Gurley hopes to persuade the Alabama Supreme Court to reverse the jury's verdict. The town's attorneys have estimated that could be a 12- to 18-month process.

Gurley officials have said the town of fewer than 900 residents cannot pay the judgment. The Gurley Town Council has already approved a plan directing the town to file for Chapter 9 bankruptcy protection if the efforts to collect the judgment are not stayed by either the Circuit Court or the Alabama Supreme Court.

Circuit Judge Karen Hall is expected to rule soon on the town's request.

The request was opposed by M&N Materials, which successfully sued Gurley last year alleging the town engaged in an "inverse condemnation" of land it owned.

A Madison County jury decided in February that Gurley's efforts to prevent M&N from building a rock quarry on property the town had annexed and rezoned amounted to a "taking." It awarded M&N $2.75 million plus nearly $1 million in interest. Hall later awarded M&N's attorneys more than $1 million in fees.

Gurley has rejected an offer made by M&N co-owner Brian McCord at a December town council meeting that would have cut the bill to $2 million and stretched out the payment schedule, preventing bankruptcy, but also paved the way for a quarry.

The proposal required an initial $500,000 payment and annual payments of $40,000 in monthly installments that includes 1 percent interest and no rule restricting a quarry.

Gurley Mayor Stan Simpson said the safety and quality of life for Gurley's residents was not for sale in opposing the offer.

During Wednesday's hearing Michael Vercher, an attorney for M&N, argued that under Alabama law Gurley should be required to pay the $5 million award to the court to hold, and also post a bond valued at twice the judgment amount.

Hall asked Vercher if requiring the town to put up money it does not have would effectively deny Gurley its right of appeal.

Vercher said if Gurley can't pay, then it should release the 230-acre site on Gurley Mountain from its current control. He suggested de-annexing the property back into Madison County or removing the current zoning that prevents a quarry from being constructed would take it out of its condemned status.

Gurley attorney George Royer Jr. told the court that Alabama law does not require municipalities to post bond during appeals. He said the contention that Gurley would have to put up large bond is a misreading of Alabama law, which covers formal condemnation proceedings, not an alleged "regulatory taking."